RULE 3.134. TIME FOR FILING FORMAL CHARGES

The state shall file formal charges on defendants in custody by
information, or indictment, or in the case of alleged misdemeanors
by whatever documents constitute a formal charge, within 30 days
from the date on which defendants are arrested or from the date of
the service of capiases upon them. If the defendants remain
uncharged, the court on the 30th day and with notice to the state
shall:

(1) Order that the defendants automatically be released on
their own recognizance on the 33rd day unless the state files formal
charges by that date; or
(2) If good cause is shown by the state, order that the
defendants automatically be released on their own recognizance on
the 40th day unless the state files formal charges by that date.

In no event shall any defendants remain in custody beyond 40
days unless they have been formally charged with a crime.